Allahabad High Court
NA528/42019/2026 of SUNIL DUBEY Vs STATE OF U.P. AND ANOTHER on 29 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42019 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. This application has been filed with the prayer to quash the proceedings of Case No. 22803 of 2025 (State Vs. Sunil Dubey and another) arising out of Case Crime No. 05 of 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42019 of 2026
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. This application has been filed with the prayer to quash the proceedings of Case No. 22803 of 2025 (State Vs. Sunil Dubey and another) arising out of Case Crime No. 05 of 2025 under Section 11 of Prevention of Cruelty to Animal Act, Police Station Aurai, District Bhadohi pending before learned Chief Judicial Magistrate, District Bhadohi as well as t o quash the charge sheet dated 31.07.2025 and also to quash the cognizance/summoning order dated 15.10.2025 passed in the aforesaid case.
2. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
3. At this stage, the argument raised by learned counsel for the applicant involves adjudication of a factual dispute and appraisal of evidence.
4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 of B.N.S.S. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Versus Counsel for Applicant(s) : Jaysingh Yadav, Vikas Kumar Counsel for Opposite Party(s) : G.A. Sunil Dubey .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
5. The prayer for quashing the entire proceeding of the aforesaid case is refused.
6. The application stands dismissed. September 30, 2026 S.Ali NA528 No. 42019 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad